'(2A) In subsection (1A) "newspaper" shall have the same meaning as in section 57(1)(a) of the 1973 Act; and in this subsection "plurality" means a diversity of ownership that is sufficient to ensure that the public have access to the accurate presentation of news and free expression of opinion.

(2B) In applying the interests specified in subsection (1A) no account should be taken of plurality in newspaper ownership if the relevant merger situation concerns the transfer of a newspaper or newspaper assets to a newspaper proprietor whose newspapers have an average circulation per day of publication amounting, together with that of the newspaper concerned in the transfer, of fewer than 500,000 copies.

(2C) In subsection (2B), "newspaper proprietor" shall have the same meaning as section 57(1)(b) of the 1973 Act; and the calculation of circulation per day shall be by such means as the OFT or (as the case may be) the Commission shall determine.'.

*Page 45, line 1 [Clause 62], after 'of' insert 'other action by the Secretary of State or'.

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*Page 45, line 2 [Clause 62], leave out 'other persons' and insert 'persons other than itself and the Secretary of State'.

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*Page 200, line 41 [Schedule 6], at end insert

'(3)

Any decision of the Competition Commission on a merger reference under section 32(a) of this Act that arrangements are in progress which, if carried into effect, will result in a water merger shall be treated as a decision that no arrangements are in progress which, if carried into effect, will result in a water merger if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c.41).

(4)

Any decision of the Competition Commission on a merger reference under section 32(a) of this Act that a water merger may be expected to prejudice the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger may be expected not to prejudice that ability of the Director if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c.41).

(5)

Any decision of the Competition Commission on a merger reference under section 32(b) of this Act that a water merger has taken place shall be treated as a decision that no water merger has taken place if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c.41).

(6)

Any decision of the Competition Commission on a merger reference under section 32(b) of this Act that a water merger has prejudiced, or may be expected to prejudice, the ability of the Director, in carrying out his functions by virtue of this Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger has not prejudiced, or may be expected not to prejudice, that ability of the Director if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the Competition Act 1998 (c.41).'.

Page 51, line 5 [Clause 70], leave out 'substantial lessening of competition' and insert 'creating or strengthening a dominant position, as a result of which competititon may have been significantly reduced'.

Page 51, line 12 [Clause 70], leave out 'substantial lessening of competition and any adverse effects resulting from it' and insert 'creating or strengthening a dominant position, as a result of which competition may have been significantly reduced'.

Page 58, line 18 [Clause 79], at end insert ', but no such undertaking may be accepted from persons other than one who is a party or is a member of the same group of companies as a party to the merger or anticipated merger in question'.

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*Page 205, line 17 [Schedule 7], at end insert

'(4A)

No undertaking shall be accepted by the Secretary of State under this paragraph in connection with a possible reference under section 44 if a public interest consideration mentioned in the intervention notice concerned has not been finalised and the period of 24 weeks beginning with the giving of that notice has not expired.

(4B)

The Secretary of State may delay making a decision as to whether to accept any such undertaking (and any related decision as to whether to make a reference under section 44) if he considers that there is a realistic prospect of the public interest consideration being finalised within the period of 24 weeks beginning with the giving of the intervention notice concerned.

(4C)

A delay under sub-paragraph (4B) shall not extend beyond

(a) the time when the public interest consideration is finalised; or

(b) if earlier, the expiry of the period of 24 weeks mentioned in that sub-paragraph.'.

An order which may prohibit the doing of anything (or the refraining from doing anything) may in particular by virtue of paragraph 22(2) prohibit the doing of that thing (or the refraining from doing of it) except to such extent and in such circumstances as may be provided by or under the order.

(2)

Any such order may, in particular, prohibit the doing of that thing (or the refraining from doing of it)

(a) without the agreement of the relevant authority or another person; or

(b) by or in relation to a person who has not been approved by the relevant authority or another person.'.

(13) The OFT shall, in connection with any notice given by it under subsection (11), by notice inform the person who gave the merger notice of'.

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*Page 67, line 42 [Clause 95], at end insert

'(5) Where the period for considering a merger notice is extended or further extended by virtue of section 94, the period as extended or (as the case may be) further extended shall, subject to subsections (6) and (7), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).

(6) Subsection (7) applies where

(a)

the period for considering a merger notice is further extended;

(b)

the further extension and at least one previous extension is made under one or more of subsections (5), (7), (9) and (11) of section 94; and

(c)

the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.

(7) In calculating the period of the further extension, any days or fractions of days of the kind mentioned in subsection (6)(c) shall be disregarded.'.